Transcript DNA DATABASE EXPANSION IN THE 2001 STATE LEGISLATURES

FORENSIC DNA AND THE
CRIMINAL JUSTICE SYSTEM
Before the House Prison Management Committee
July 2, 2001
Presented by
Lisa Hurst - Smith Alling Lane, P.S.
Washington, DC (202) 258-2301
Tacoma, WA (253) 627-1091
[email protected]
FORENSIC DNA ISSUES BEFORE
STATE LEGISLATURES
Post Conviction DNA Testing
Expansion/Elimination of the Statute of
Limitations, and “John Doe” Warrants
Offender DNA Databases
 Recent events have pushed this issue
before our nation’s policy makers.
 National
Commission on the Future of
DNA Evidence

Illinois Governor George Ryan’s decision to
place a moratorium on executions

Vermont U.S. Senator Patrick Leahy’s
introduction of the Innocence Protection
Act

Extensive media coverage
POST CONVICTION DNA LEGISLATION
IN 2000
18 states introduced bills addressing
post conviction DNA issues in 2000.
8 ENACTED
10 FAILED
Florida
Arizona
California
Delaware
Michigan
Oklahoma
Tennessee
Washington
Georgia
Louisiana
Maryland
Mississippi
Missouri
New Jersey
New York
South Dakota
Wisconsin
POST CONVICTION DNA LEGISLATION
IN 2001
36 states introduced bills addressing
post conviction DNA issues in 2001.
12 ENACTED
Arkansas
Florida
Idaho
6 PENDING
California
New Jersey
Ohio
North Carolina
Indiana
Tennessee
Louisiana
Wisconsin
Maryland
8 FAILED
Nebraska
Alabama
Hawaii
Iowa
Kentucky
Maine
Mississippi
Missouri
South Dakota
Nevada
New Mexico
Oregon
Texas
Washington
 Backlogs mean some investigators must
wait months, even years for analysis of
low-priority cases.
 New
York - 12,000 unanalyzed rape kits.
 DNA is solving crimes considered “cold”
for over 20 years.
 Give DNA databases a chance to work.
STATUTE OF LIMITATIONS
LEGISLATION IN 2000
In 2000, 11 states introduced legislation extending the
statute of limitations, or allowing “John Doe” warrants.
5 ENACTED
6 FAILED
California
Michigan
Colorado
New Jersey
Connecticut
New York
Delaware
Pennsylvania
Minnesota
Washington
Wisconsin
STATUTE OF LIMITATIONS
LEGISLATION IN 2001
In 2001, 15 states have introduced legislation extending the
statute of limitations, or allowing “John Doe” warrants.
6 PENDING
8 ENACTED
Arizona
Colorado
Delaware
Massachusetts
New Jersey
Indiana
New York
Kansas
Pennsylvania
Michigan
Wisconsin
Nevada
Oregon
Texas
1 FAILED
Idaho
SOLVE MORE CRIME
PREVENT MORE CRIME
EXONERATE THE INNOCENT
OVERVIEW OF DNA DATABASES
Use of DNA prior to databasing
Databasing began in late 1980’s
How does it work? 
Changing how crimes are investigated 
Old cases are being reopened
The creation and expansion of DNA
databases requires permission from
each state legislature
OFFENDER DNA DATABASES HOW DOES IT WORK?
(Combined DNA Index System)
Convicted
Offender
Forensic
Evidence
WHY HAVE OFFENDER DNA
DATABASES?
Texas Legislature expands use of DNA testing
Cox News Service
June 8, 2001 Friday
Byline: Laylan Copelin
Dateline: AUSTIN, Texas
Christopher Ted Dye raped three Austin women in their homes before the police first arrested
him in 1993 for burglarizing a house. Unaware they had apprehended a serial rapist, authorities
released the 34-year-old former auto mechanic on bail.
Over the next six months, Dye raped four more women before being arrested a second time for
burglarizing an apartment. He served two months in jail. For two more years, as the police
searched for the MoPac rapist, nicknamed that because the attacks occurred near the expressway,
Dye raped seven more women before finally being caught.
When Austin Police Chief Stan Knee began championing DNA testing at the time of arrest, he had to
look no further than Dye, the city's most notorious serial rapist. "He's the perfect example of how
we could have saved 11 (rape) victims." Testing Dye upon his first burglary arrest could have led
to a DNA match from his first three rapes.
POSSIBLE SOURCES OF DNA
EVIDENCE
 Jewelry
 Washcloth
 Ski mask
 Toothpick
 Razors
 Bandanna
 Cigarette butts
 Sheets / Pillowcase
 Cup / Glass / Bottle
 Fingernail scrapings
 Chewing gum
 Dental Floss
 Bite mark
 Eyeglasses
 Stamp / envelope
 Tape / ligature
 Baseball bat
 Hair
 Tissue
 Dirty laundry
STATE
DNA DATABASE
STATUTES
STATE DNA DATABASE STATUTES
Sex Offender Requirements
All 50 States require sex offenders
to submit DNA samples
STATE DNA DATABASE STATUTES
Violent Crime Requirements (June 2001)
40 States require DNA
samples for murder and
assault and battery
5 States require DNA
samples for murder
only*
*45 states collect for murder in total
STATE DNA DATABASE STATUTES
Burglary Requirements (June 2001)
32 States require DNA samples for burglary
STATE DNA DATABASE STATUTES
All Felonies Requirements (June 2001)
12 States require DNA samples for all felonies
DNA DATABASE EXPANSION
IN 1999 AND 2000
1999 - Estimated 10 states introduced bills
and 6 passed
2000 - 19 States introduced bills and 8
passed
Trends in 1999 & 2000
 Steady, yet conservative growth
 Focus on violent crimes and burglary
 Very few states considering all felons
 State and federal legislators starting to fund
DNA databasing
DNA DATABASE EXPANSION (2000)
In 2000, 19 states introduced legislation to expand the
offenders from whom DNA samples are required
PASSED (8)
DID NOT PASS (11)
Arizona -- Most non-drug related
felonies
Alaska -- Burglary
Colorado -- Most non-drug related
felonies
Connecticut-- Fingerprintable arrests
Florida -- Burglary
Georgia -- All felony convictions
New Jersey -- Several violent
felonies
California -- All felony convictions
Hawaii -- Most violent crimes
Kentucky -- Most violent crimes
Mississippi -- All felony convictions
New York -- All misdemeanor and
felony convictions
South Carolina -- Most non-drug
related felonies
Pennsylvania -- Most violent crimes
South Dakota - Most non-drug
related felonies
Ohio -- Most non-drug related
felonies
West Virginia -- Most non-drug
related felonies
Rhode Island -- Breaking and
entering & assault
Washington -- All felony convictions
DNA Database Expansion in the
2001 Legislature
35 states have introduced over 110 bills to expand the state
offender DNA database to include more felons.
Of these states, 24 have introduced bills to expand the DNA
database to include all convicted felons.
DNA Database Expansion in the
2001 Legislature
F
F
F
F
F
F
F
F
F
F
F
F
F F
Current all-felons states
Passed 2001 Legislation
F
Pending 2001 Legislation
Defeated 2001 Legislation
35 states have introduced over 110 bills to expand the state
offender DNA database to include more felons.
Of these states, 24 have introduced bills to expand the DNA
database to include all convicted felons.
2001 Expansion Bills
Alaska
SB 99 - Halford & Murkowski
Burglary
Passed
Arkansas
HB 1376 - Hunt
Burglary
Passed
HB 1259 - Verkamp
All Felons
Failed
Arizona
SB 1171 - Smith
All Felons
Failed
California
AB 673 - Migden
Burglary, robbery, arson,
Pending
carjacking
Colorado
HB 1130 - Grossman
All Felons
Passed
Connecticut
SB 89 - Brien
Violent felonies, burglary
Failed
Delaware
HB 4 - Ewing
All Felons
Pending
Florida
SB 366 - Villalobos & Silver
All Felons
Passed
Hawaii
Multiple bills
All Felons
Failed
Iowa
HF 254 - Baudler
All Felons
Failed
Illinois
HB 452 - Lyons
Stalking, concealment of a
Passed
homicide
Indiana
SB 316 - Alexa
Probationers & parolees
Passed
Kansas
SB 263 - Felciano
Burglary, misdemeanor
Passed
sex offenses
Kentucky
HB 33 - Younts
All Felons
Failed
Maine
LD 1565 - Carr
Class A,B & C crimes
Passed
Michigan
Multiple bills
All Felons
Passed
2001 Expansion Bills
Minnesota
Multiple bills
All Felons
Failed
Mississippi
Missouri
Multiple bills
HB 835 - Boucher
All Felons
All Felons
Failed
Failed
Montana
HB 359 - Clark
All Felons
Passed
North Carolina
HB 1127 - Blust
All Felons
Pending
North Dakota
HB 1208 - Klemin
Violent felons, burglary
Passed
New Hampshire
SB 30 - Hollingworth
Murder, assault, arson, rob.
Pending
New Jersey
SB 2236 - Bucco
Robbery, carjacking, criminal
Pending
restraint
Nevada
AB 489 - Gustavson
A, B & C felonies
Pending
New York
Multiple bills
All Arrestees
Pending
Oklahoma
SB 753 - Wilkerson
Robbery, burglary, kidnap,
Passed
maiming
Oregon
SB 920 - Minnis
All Felons
Pending
Pennsylvania
SB 259 - Dent
Burglary
Pending
Rhode Island
SB 92 - Brien
Crimes of violence
Passed
South Carolina
SB 492 - McConnell
2nd degree burglary
Passed
Texas
HB 588 - Garcia
All Felons
Passed
SB 638 - Barrientos
Indictments for certain crimes
Passed
Washington
HB 1335 - Miloscia
All Felons
Failed
West Virginia
HB 2456 - Pino
Arson, burglary, forgery
Failed
Failed
X Senate Bill 1171 (Smith) -- All felons.

Collection, but no analysis
Passed
 House Bill 1130 (Grossman) -- All felons.

In custody of Department of Corrections

Allocates anticipated federal funding
Passed
 Senate Bill 366 (Villalobos & Silver) -- All felons.

Phased in over 4 years

Subject to specific appropriation
Passed
 Senate Bill 316 (Alexa)

Obtains samples from specified offenders not in
the custody of the Department of Corrections.
Passed
 Legislative Document 1565 (Carr) -- Class A, B &
C Crimes.

Expands offenses for databasing, but repeals current
law that requires collection from juveniles.

Opposed by the state crime lab - the reduction of
juveniles will be greater than the expansion of crimes
for databasing.
Passed
 Multiple all felon bills.

Very comprehensive

Some misdemeanors

Includes Juveniles

Has aggressive agency support

Includes funding for collection at local sheriff’s offices
Passed
 House Bill 5313 (Brien) - Adds violent crime.


Takes effect upon receipt of federal funding.
How much federal funding will be necessary?
Passed Two Bills
 House Bill 588 (Garcia) -- All felons.

Not retroactive

No juveniles

Contingent on federal or “other” funding

Penalties for misuse of data
 Senate Bill 638 (Barrientos) -- Indictments for
certain sex crimes and burglary.

Where is murder and robbery?

What will the courts do?

Can federal money be used?
TRENDS IN 2001 LEGISLATURES
All-Felons
 In 2000, only 5 states attempted the
all-felons legislation. This year, 24
states have already introduced the
all-felons legislation.
Less Active Opposition
 The Texas ACLU decided
to not oppose the allfelons bill
All-Felons DNA Database Expansion
in the 2001 Legislature
Introduced all-felons legislation in 2001
Introduced all felons legislation in 2000
Already require DNA samples from all felons
2000
2001
5 all-felons bills introduced
24 all-felons bills introduced
TRENDS (continued)
Secure authority now and worry
about the implementation ($$)
later
More states looking at DNA upon
arrest
 Texas SB 638
 Proposal from New York Governor for
misdemeanors
WHAT A DIFFERENCE A YEAR
MAKES!
In 2000 only 8 states passed DNA
expansion bills. In 2001 an estimated
22 states will pass expansion legislation.
Why the change?
 New
Data
 Database Successes
 Citizen Demand / Public Safety
DNA Database Expansion Successes:
Past, Present, Future
1999 (6 states)
2000 (8 states)
2001 (22 states, est.)
WHY THE CHANGE?
Database Successes
 Virginia is averaging one “cold hit” per week in 2001.
 Diversion of resources to other cases.
 New Data
 “Approximately 85% of hits would have been
missed if the databank were limited to only violent
offenders” Paul Ferrara, Director, Virginia Division
of Forensic Science.
 52% of Florida offenders linked to sexual assaults
and homicides by DNA database matches have had
prior burglary convictions (non violent offense).
CONVICTED OFFENDER DNA
PROFILES IN CODIS
VT 0.015
WA 4.86
ND 0.05
OR
3.36
MN
1.93
WI
3.98
NV 0.41
CA
NE 0.25
UT 0.05
CO 0.97
IL
MO
3.58
6.78
AR
2.06
AZ 1.66
TX
NY
5.34
MI
0.17
WY 0.86
3.61
PA
0.60
OH
2.42
KY
0.59
VA
27.50
NC 4.12
GA
1.63
SC
0.34
5.11
FL
AK 0.08
ME
0.42
15.61
CT
0.86
NJ
0.40
MD
0.24
THE VIRGINIA DATA:
Crimes Solved/Assisted
Between 01/01/2000 and 03/31/2001, 352
crimes were solved/assisted through Virginia’s
DNA database.
 Rape/Sodomy
 Homicide
 Rape/Homicide
 B&E/Burglary/GL/Robbery
 Miscellaneous
141
44
11
149
28
Auto Theft, Car Jacking, Drive-by Shooting, Indecent
Exposure, Destruction of Property, Contraband in
Jail/Prison, Arson, Home Invasion, Death Investigation, Hit
& Run, Mal. Wounding
THE VIRGINIA DATA:
Previous Criminal Conviction of
Offenders Identified
Burglary/B&E/Robbery/GL
126
Drug Possession/Distribution
29
Sex Offenses
21
Assault/Maiming
20
Forgery/Uttering
12
Homicide/Abduction/Kidnapping
7
Misc. Non-Sex or Unknown Offenses
98
WHY THE CHANGE?
Citizen Demand / Pubic Safety
Consider the following US Department of
Justice statistics:
 The average rapist commits 8-12 sexual assaults.
 Of 108,580 persons released from prisons in 11
States in 1983, an estimated 62.5% were
rearrested for a felony or serious misdemeanor
within 3 years, 46.8% were reconvicted, and 41.4%
returned to prison or jail.
BUT HOW DO WE PAY FOR IT?
FEDERAL SOURCES
DNA Backlog Elimination Act (HR
4640)
 $170 Million authorized over 4 years, $65 Million for 2002
 Partially funded President’s proposed budget, fully funded
in “Sense of Senate” budget language.
National Forensic Science
Improvement Act (S. 3045)
 aka, NFSIA or “Paul Coverdell” Act
 Over $450 Million over 6 years, $85 Million
for 2002.
 Not funded in President’s proposed
budget, fully funded in “Sense of Senate”
budget language.
BUT HOW DO WE PAY FOR IT?
FEDERAL SOURCES (CONT.)
Federal funding for DNA tends to
reactive rather than proactive.
 The
states with the largest backlogs get the most
money.
Federal grants are not supplanting and
there is always a match requirement.
BUT HOW DO WE PAY FOR IT?
STATE SOURCES
Offender-pays requirements
Funds earmarked for DNA analysis
 New York Governor Pataki commits $11.8 million
(backlog and new legislation).
 California Governor Gray Davis commits $5.5 million
(backlog).
 Florida Governor Bush commits $2.1 million (burglaries).
OTHER CONSIDERATIONS
Use of private labs for analysis -“outsourcing”
POLICY CONCERNS
DEVELOPING IN 2001
Cost Saving Measures That Aren’t
 Non retroactive.
 Limitation of collection to those in the
custody of the Corrections Department.
 Exempting juveniles (Maine and Texas).
Promoting arrestee bills to the
detriment of all-felon bills.
POLICY CONCERNS
DEVELOPING IN 2001
Expungement of DNA profiles.
Retention of DNA sample.
Security of DNA database and
related DNA samples.
QUESTIONS
Lisa Hurst - Smith Alling Lane, P.S.
Washington, DC (202) 258-2301
Tacoma, WA (253) 627-1091
[email protected]